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South Africa decisions
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Sithole v Road Accident Fund (2021/4279) [2023] ZAGPJHC 869 (28 July 2023)
The High Court refused the RAF’s postponement request and awarded the plaintiff damages, including R1.8 million for general damages, plus costs and an undertaking.
The Court held that the matter was urgent and that direct appeal was in the interests of justice. It upheld the High Court’s invalidation of the proviso in rule 129AD(3) because limiting representation to a lawyer or expert who may not participate was irrational and inconsistent with the constitutional requirement of a reasonable and procedurally fair enquiry. However, it overturned the High Court on rule 129V, holding that a Judge may permissibly serve on the independent panel because the role is non-judicial, advisory, time-limited, and protected by consultation with the Chief Justice, so i…
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Kotze and Another v MEC of Co-Operative Governance and Traditional Affairs (Land use management and administration), Province of the Eastern Cape and Others (CA300/2018) [2020] ZAECGHC 25 (10 March 2020)
The High Court dismissed an appeal against refusal of a land-subdivision appeal, holding the reasons were adequate and the decision was rational under PAJA.
Savoi and Others v National Director of Public Prosecutions and Another (CCT 71/13) [2014] ZACC 5; 2014 (5) BCLR 606 (CC); 2014 (1) SACR 545 (CC); 2014 (5) SA 317 (CC) (20 March 2014)
The Constitutional Court held that the applicants have standing to challenge the constitutionality of POCA, but their challenge fails on all substantive grounds. The definitions of 'pattern of racketeering activity' and 'enterprise' in POCA are not void for vagueness or overbroad; they are sufficiently clear and tailored to address the multifaceted nature of organised crime. The procedural challenge to section 2(2) of POCA fails because the provision contains an explicit safeguard: evidence may only be admitted if it does not render the trial unfair, and the determination of fairness is left…
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Apdol v Road Accident Fund (5011/2011) [2012] ZAGPPHC 363 (3 August 2012)
The court held that the repeal of the Age of Majority Act did not retrospectively shorten prescription for the plaintiff's RAF claim.
The majority held that section 136(1) preserves the policy and guidelines applicable before 13 November 1992 for the applicant, that section 136(3)(a) is constitutionally compliant and not superfluous, and that the applicant is eligible to be considered for release and placement under community corrections without delay under the 1992 policy and guidelines. The Constitutional Court granted direct access, dismissed the constitutional challenge to section 136(3)(a), and ordered the relevant correctional authorities to consider the applicant immediately.
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Free v S (06/2010) [2010] ZANCHC 13 (30 April 2010)
The High Court confirmed a rape conviction, set aside a kidnapping conviction, and ordered a rehearing after a procedural irregularity. It also ordered expungement from the sexual offenders register.
Mayo Foundation for Medical Education and Research v Theatre Mayo Clinic Company (Pty) Ltd and Others (1428/2006) [2009] ZAGPPHC 110; 2009 BIP 438 (GNP) (14 September 2009)
High Court passing-off dispute over the Mayo name. The applicant proved reputation in South Africa, but the court found the respondents had a lawful shared reputation and tacit consent.
BOE Bank Ltd v City of Tshwane Metropolitan Municipality (240/2003) [2005] ZASCA 21; 2005 (4) SA 336 (SCA) (29 March 2005)
Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 creates a statutory charge over property for all municipal debts, regardless of when they became due, and this charge enjoys preference over any mortgage bond registered against the property, including those registered prior to the commencement of the Act. The time limit in section 118(1) applies only to the embargo on transfer and does not limit the scope of the statutory charge in section 118(3). Applying section 118(3) to existing mortgage bonds does not amount to retrospective effect, as the extended security operate…
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The majority held that section 23 of the Black Administration Act and the associated regulations were a racist, discriminatory parallel succession regime inconsistent with the Constitution; the customary law rule of male primogeniture, as applied to intestate succession, unfairly discriminated against women and extra-marital children and could not be justified; section 1(4)(b) of the Intestate Succession Act was also invalid. The Court accordingly replaced the impugned regime with the Intestate Succession Act as an interim measure, subject to tailored treatment for polygynous unions and a lim…
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